HONG KONG
ANNUAL DEPARTMENTAL REPORT
OF THE
LAND OFFICER
AND
REGISTRAR OF MARRIAGES
FOR THE PERIOD
1ST APRIL, 1948 TO 31ST MARCH, 1949.
ANNUAL REPORT
PART I—LAND OFFICE.
Registration.
1. The total of instruments registered pursuant to the Land Registration Ordinance was 6,779. Of these 2,702 represented Assignments as against 2,855 Assignments registered in the previous year, and 1,629 in 1946/47, but the total consideration on such Assignments was $155,597,001.77 as compared with $143,640,294.72 in 1947/48, $64,441,664.07 in 1946/47 and $23,236,495.71 in 1939.
2. There was a considerable increase in the number of Mortgages registered, there being a total of 1,680 as against 1,348 in 1947/48. The total amount involved in these Mortgages was $115,410,875.00 as compared with a total of $72,276,730.00 in 1947/48 and $41,012,489.00 in 1946/47.
3. The total consideration in respect of Sales, Mortgages and all other instruments registered was $314,678,956.77 as com- pared with $253,562,305.21 in the previous year, an increase of $61,116,651.77. In 1939 the total consideration in respect of all transactions registered in the Land Office was under $50,000,000.00.
4. The totals of instruments registered in the last ten years. for which records are available are shown in Table I and cate- gorical and monthly analyses appear in Tables II & III.
Crown Leases.
pre-
5. In view of heavy pressure of other work and the difficulties of obtaining sufficient qualified legal staff the work of the paration and issue of Crown Leases came almost to a standstill in the years immediately following the re-occupation of the Colony with the result that a very heavy accumulation now exists. Satisfactory arrangements for resuming the work were recently concluded as a result of which it is hoped that the number of Crown Leases issued each month will be substantially increased. In the year under review 86 Crown Leases were issued as compared with 6 in the previous year, the fees collected under this head being $10,045.00 as compared with $360.00 in the previous year. Particulars of these are shown at Tables IV and V and the totals for the last ten years (for which figures are available) are shown in Table I.
Exemptions from the Moratorium.
6. The restrictions imposed by the Moratorium against transactions affecting land which had been dealt with during the period of the Japanese occupation were lifted as from 1.12.48 and Table X shows the number of applications received during 1948/49 up to that date, the number of lots or sections of lots involved and the totals in respect of all applications received since the re-occupation of the Colony. In the second part of this Table
4
are shown also details in connection with applications received for exemption from the provisions of the Moratorium permitting mortgagees to exercise their power of sale in connection with pre-war Mortgages.
Fees.
7. The total of Land Office fees collected (exclusive of the New Territories) amounted to $179,533.60 as compared with $122,544.50 in 1947/48, and $90,984.30 in the 1946/47. This represents an increase of nearly 50 per cent over the 1947/48 total, which was itself a record, and is the highest figure that has ever been recorded for the Land Office.
8. A monthly analysis is shown in Table V, and Table VI gives the total fees collected during the last ten years for which figures are available.
9. Land Registration fees in the New Territories were $53,717.50 as against $37,308.90 in the previous year and $14,799 in 1946/47. Fees for Crown Leases issued amounted to $30.00, and Table IX gives details of Crown Land granted, sold, resumed, re-entered or surrendered during the year.
Surrenders.
10. Surrenders of 18 lots were prepared and registered in the Land Office as compared with 15 in the previous year.
Stamp Duties.
11. Stamp Duties paid on documents registered (exclusive of Probates and Letters of Administration) amounted to $7,940,678.44 as compared with $9,644,078.21 in the previous year, $1,687,226.81 in 1946/47 and $270,000.00 in 1939. The decrease in the total Stamp duty paid as compared with the year 1947/1948, despite the fact that the total consideration referred to in para. 3 of this Report was greatly in excess of the total for the previous year, is considered to be due to the fact that the figures for the year 1947/48 reflect the results of the excess Stamp duty imposed in respect of new assignments on sale under the Stamp Amendment Ordinance 1946 which was at the rate of ten per cent of the amount of the excess consideration, whereas by the Stamp (Amendment) Ordinance 1948 which came into force in September 1948, this excess duty was abolished and in its place was substituted an excess Stamp duty of three per cent upon the total value of the consideration of property comprised in an assignment (but excluding property which had already borne the excess Stamp duty payable under the earlier enactments) though the same Ordinance nevertheless increased the ordinary rate of ad valorem conveyance on sale duty from 1 per cent to 2 per cent. The monthly figures are shown in the last column of Table III,
5
Crown Rents.
12. The number of lots entered on the Hongkong & Kowloon Crown Rent Roll was 13,266 and the total Crown Rents amounted to $862,402.08 as compared with $827,720.66 in the previous year. The increases were in the urban areas and in Rural Building Lots. Table VII is a statement by localities.
13. The number of lots entered in the Village Crown Rent Roll as shown by localities in Table VIII was 1922 a decrease of four as compared with the previous year. Total Crown Rent was $1,272.55, a slight decrease as compared with the previous year.
14. During the year the number of Sections the Crown Rents of which were determined under the Crown Rents (Apportionment) Ordinance 1936, was 192 as compared with 21 in the previous year and the fees collected in this connection amounted to $2,572.00 against $279.00 for the previous year.
Kai Tak Airfield Extension.
15. The Airfield (Kai Tak) Extension and Reversion Ordin- ance 1948 came into force on the 16th July 1948, which measure provided a legal basis for the reversion to the Crown of the areas added to the Airfield as a result of demolition of buildings and dispossession of the occupants by the Japanese in 1942. Claims for compensation under the machinery of the Ordinance fall to be adjudicated upon by the Land Officer in respect of Kowloon and New Kowloon, and by the District Officer in respect of the New Territories other than New Kowloon. 552 claims to a total exceeding $3,500,000.00 require adjudication within Kowloon and New Kowloon, and before the close of the year claims in excess of $300,000.00 had been settled. The larger burden of the claims. will be presented in the forthcoming year, and it has been necessary to set up the machinery therefor beforehand.
GENERAL NOTE.
16. There has been an extremely heavy all round increase in the work of the Land Office in recent times as compared with the pre-war years, due in part to the marked expansion in normal business, but also to a variety of other causes, some of which it is appropriate to note here.
(a) The issue of "new title" in respect of a large number of
expiring Crown Leases.
The first group of the 75 years Crown Leases granted at different dates during the last century (i.e. Leases which were originally granted for one fixed term of 75 years) is now reaching the end of the leasehold term: Terms for the grant of new Leases have already been arranged in many of these cases in the years which have elapsed since the reoccupation of the Colony but a very large number remains to be dealt with, being Leases which will expire in 1950 and 1951, and in the immediately
6
following years.
This will involve settling the terms for renewal and preparing and issuing preliminary title, and later the new Crown Leases, in some thousands of individual cases.
(b) Similarly Crown Leases of all piers in the Colony (which were granted originally for one fixed term of 50 years) expired on 31st December, 1949. Approximately 100 piers are involved, and it is necessary to conclude arrange- ments for the issue of new title in all these cases. (c) During the period of the Japanese occupation of the Colony, some 5,000 transactions in land such as Sales, Reassignments and other dealings took place. records of the Japanese House Registration Office main- tained in respect of these transactions were taken over intact on the re-occupation and the entries transferred to the normal Land Office Registers in the form of green ink entries against the titles affected. These green ink entries have led to a large number of applications to which of course special consideration apply.
The
(d) In order to further the provision of much needed extra housing accommodation, a large number of grants of land on special concessionary terms have been made.
The Land Office has thus had to deal with the provision of title to a very large number of individual house sites as well as to a number of large areas made available on special terms to companies or associations for develop- ment as housing estates.
(e) Land Office work in connection with the resumption of land under the provisions of the Crown Lands Resumption Ordinance, 1900 has now assumed much greater pro- portions than hitherto, there being in addition to the Kai Tak Airfield Resumption claims, of which separate mention is made in the preceding paragraph of this report, many other resumptions and surrenders of land for street widening, town planning and other public purposes, either proceeding or pending. This work involves the preliminary steps in the issue of resumption notices, the arrangements in connection with the con- stitution and sittings of the Compensation Board, pre- paration of Deeds of Surrenders and later the investiga- tion of the title and the subsequent payment of the -compensation claims in the case of each individual land
owner.
(f) As was to be expected, the conditions prevailing in the post-war years have led to many applications for the grant of land on special terms for churches, schools, clubs and charitable and other societies, and grants have been made in a variety of such cases subject to appropriate restrictive conditions.
"
7
(g) The greatly extended requirements of the three Services have necessarily resulted in the need for much additional land to be made available to them.
Due to the difficulties of recruiting suitable officers, augmentation of the staff to meet the much increased volume of work resulting from these causes has proceeded very slowly, and some inconvenience to the public through delay has therefore been unavoidable.
Cessation of the Land Office and Marriage Registry as a separate department.
17. The Land Office and Marriage Registry as from 1st April 1949 became incorporated in the new Registrar General's Department, established under the provisions of the Registrar General's (Establishment) Ordinance, 1949. This is therefore
the last occasion on which the report of the Land Office and Marriage Registry will appear as a separate Report.
Year
- 8
TABLE I
Number of Instruments and Crown Leases
granted During the Year 1933 to 1948.
Instruments registered
Crown Leases granted
1933
5,152
721
1934
4,441
673
1935
4,044
503
1936
3,962
638
1937
3,847
742
1938
3,752
520
1939
3,839
497
1946/47
4,228
18
1947/48
6,391
6
1948/49
6,357
86
9
TABLE 11
Consideration on Instruments registered in the Land Office for the period of 1st April, 1948-31st March, 1949.
No of Lots
Description of
Instruments
Number
or portion
registered
of Lots affected
Total consideration
Assignments
2,702
3,115
155,597,001.77
Mortgages and Transfer
of Mortgages
1,680
2,300
115,410,875.00
Reassignments and Certi-
ficates of Satisfaction.......
1,277
1,676
43,594,334.00
Surrenders
18
22
76,746.00
Judgments and Orders of
Court
63
95
Miscellaneous documents.
679
1,512
Probates and Letters of
Administration (Estate
duties and interest)
$3,501,988.50
360
727
Total
6,779
9,447
314,678,956.77
PERIOD
1948
ASSIGNMENTS
MORTGAGES
Deeds Lots Consideration Deeds Lots Consideration
C.
$
11
TABLE III LAND OFFICE
Deed statistics for the period 1st April, 1948 to 31st March, 1949.
REASSIGNMENTS
SURRENDERS
COURT ORDERS
PROBATE ESTATE DUTY
VERANDAH
RE-ENTRY
AGREEMENT
DEED OF COVENANTS
MISCEL- LANEOUS
STAMP ON DEEDS
Deeds Lots Consideration
$
Deeds Lots Consideration
Deeds Lots Deeds Lots
Deeds Lots
Deeds! Lots
Deeds Lots Deeds Lots
Deeds Lots
C.
APRIL
283 322
MAY
239 261
JUNE
260 290
11,967,864.77 145 194
15,214,020
127 175
13,496,675 149 177
JULY
260 314
16,504,655
AUGUST
SEPTEMBER 153 166
OCTOBER
182 238
NOVEMBER 221 242
DECEMBER 236 263
1949
JANUARY
FEBRUARY
MARCH
226 277
12,885,682
19,017,667
7,493,747
138 267
134 197
130 | 164
113 160
12,278,502
130 161
14,542,735
151 197
10,438,400 108 131
5,865,224 99 125
7,667,500 121 157
10,448,168
19,841,200
9,492,500
6,062,737
12,426,200 105 136
8,521,994
5,690,200
1
2,632
4
7
38
58
17 22
2
6
N
29
45 713,352.50
4,453,455
1
1
2,760
5 |
8
25
63
24
24
―
6
7
1
1
45
79 1,056,642.88
3,403,420
1
1
2,082
3 |
8
49 | 81
2
18
22
4
4
30
35
855,407.10
103 147
111 147
2,458,146
3
2,250
2 |
3
27
50
6
1
4
30
59 1,046,625.65
4,262,293
N
3,220
8
14
32
64
12
13
18
18
25
609
874,843.70
88 | 122
73
3,321,760
1
1
4
4
32
62
19
20
3
3
11
17
23
646,294.50
89
1,838,680
3
1,205
1
3
25
72
14
15
1
1
4
4
22
37
466,421.25
3,052,100
1
3 |
3
29
114 139
3,713,026
2
2
1,197
11
11
24
$9
64
22
¡ 29
2
13
15
40
50
453,130.65
39
10
12
1
6
42
52
569,682.86
211 251
187 |
244 | 278
213
11,541,996
10,928,275
9,725,183
155 208
158 207
150 193
7.925,349
8,027,208
8,694,395
113
116 153
168
126 162
4,377,697
1
50,000
9
24
41
20 | 28
3,120,226
3,903,331
11
19
39❘ 97
2
2
11,400
5
6
16 | 36
5 8
—
T
14
21
1
3
47
57
407,561.85
34
65
421,879.20
39
76
428,836.30
TOTAL
2,702 | 3,115 155,597,001.77 1,680 | 2,300
115,410,875 1,277 | 1,676
43,594,334
18 | 22
76,746
63 95
360
727
176
214
42
1123
44
66
1 |
400
1,187 7,940,678.44
I
36
3
Victoria Inland
Victoria Garden
Rural Building
Stanley Inland
Shaukiwan Inland
Shek O Inland
00
8
1
1
3
18
1
Inland Lots
TABLE IV
Crown Leases Granted During the Year 1st April, 1948 to 31st March, 1949.
Kowloon
New Kowloon
Total
Lots
Lots
Kowloon Inland
Kowloon Marine
New Kowloon Inland
Tai Po Inland
14
1
86
13.
14
—
TABLE V
Return of Monthly Revenue paid in Stamps to the Land Office during the year 1st April, 1948 to 31st March, 1949.
Month
Registration of deeds
copy & etc.
Searches, Crown Lease
fees
Total
1948
April
10,425.00
1,621.50
180.00
12,226.50
May
9,198.00 1,527.10
60.00
10,785.10
June
9,958.00 2,977.00
180.00
13,115.00
July
10,044.00 2,178.50
250.00
12,472.50
August
September
October
13,260.00 2,369.00
10,680.00 2,207.00
13,032.00
9,679.00 2,353.00 1,305.00 13,337.00
435.00 16,064.00
145.00
November
12,645.00 2,426.00
2,025.00 17,096.00
December | 14,796.00 3,145.50
1,445.00 19,386.50
1949
January
14,066.00
1,897.00
1,075.00
17,038.00
February
13,056.00
2,072.00
725.00
15,853.00
March
14,162.00
2,746.00
2,220.00 19,128.00
141,969.00 27,519.60
10,045.00 179,533.60
15
TABLE VI
Fees Collected During the Years 1933 to 1948.
Year
Registration of Deeds
Searches & Copies of Documents
Grants of Leases
Total
$
$
1933
81,508.00
8,547.25
36,810.00
126,865.25
1934
67,345.00
6,863.25 35,850.00
110,058.25
1935
61,133.00
6,811.50 25,270.00 93,214.50
1936
59,310.00
6,296.75
33,960.00
99,566.75
1937
47,887.00
8,639.50
39,760.00
96,286.50
1938
54,332.00 10,258.75
27,360.00
91,950.75
1939
57,729.00 11,433.00
25,670.00 94,832.00
1946/47
1947/48 105,560.00 16,624.50
1948/49 141,969.00 27,519.60
72,398.00 17,506.30 1,080.00 90,984.30
360.00 122,544.50
10,045.00 179,533.60
16
TABLE VII
HONG KONG AND KOWLOON RENT ROLL.
Locality and description
No. of Total Crown
Lots
rent
C.
Victoria Marine Lot
499
69,841.01
Praya Reclamation Marine Lot. Inland Lot
28
858.91
5,736
269,142.18
Quarry Bay Marine Lot
4
18,948.00
Inland Lot
13
,,
4,024.00
Victoria Farm Lot
6
381.55
Garden Lot
64
2,720.00
Rural Building Lot
354
81,501.97
Aberdeen Marine Lot
7
576.52
Inland Lot
Aplichau Marine Lot
Inland Lot
88
2,218.97
20
113.88
48
283.48
Shaukiwan Marine Lot
Stanley Inland Lot
10
2,308.00
Inland Lot
Pokfulam Dairy Farm Lot
Kowloon Marine Lot
234
5,109.30
8
55.00
4
2,712.00
55
50,930.82
Inland Lot
Garden Lot
3,367
155,358.22
1
1.00
91
"
Hung Hom Marine Lot
Inland Lot
Shek O Inland Lot
Tai Tam Inland Lot
Tong Po Inland Lot
4
9,130.00
200
9,379.00
23
139.00
1
1.00
1
1.00
New Kowloon Marine Lot
3
18,938.00
Inland Lot
2,411
130,117.27
݂ܕ
Rural Building Lot
1
42.00
Tai Po Inland Lot
8
646.00
Fan Ling Lot
2
1,892.00
Sheung Shui Lot
13
3,512.00
Mining Lot
4
2,724.00
Tsun Wan Marine Lot
6
12,436.00
Inland Lot
15
2,980.00
New Kowloon Dairy Farm Lot
19
1,142.00
Tsing I Marine Lot
1
76.00
Ping Shan Inland Lot
8
2,162.00
Total
13,266
862,402.08
17
TABLE VIII
VILLAGE RENT ROLL.
Locality and description
No. of Total Crown
Lets
rent
$
C.
Aberdeen
14
43.50
Pokfulam
24
28.25
Tai Hang
156
632.50
Ah Kung Ngam
25
18.25
Shaukiwan
27
15.00
Hau Pui Loong
11
43.00
Wong Tsuk Hang
2
34.50
Tai Hang Stream
7
20.00
Tong Po
1
2.50
Tytam Tuk
3
2.50
Chung Hom Bay
1
.50
Telegraph Bay
11
33.00
Little Hong Kong
176
68.10
Shek O
310
64.00
Hok Tsui
123
26.80
Chai Wan
Stanley
721
125.80
310
114.35
Total
1,922
1,272.55
18
TABLE IX
ANNUAL DEPARTMENTAL REPORT 1948/1949.
DISTRICT OFFICE NEW TERRITORIES.
Item
Premium or fee
lots
No. of Areas in Amounts acres collected
$
C.
Sales by public auction...119,468.00
220
287.51
$
119,468.00
C.
Sales without auction
9,001.00
34
3.45
9,001.00
Extensions of areas to
Lots
Grants on nominal terms.
1
.10
Grants on short leases... 19,972.00
3
65.08
19,972.00
Extensions of terms of
leases
Exchange
2
.19
Conversions
57,889.97
136
9.775
57,889.97
Permanent piers
Mining leases
Cemeteries
Temporary piers
Quarries
4,650.00
7
4,650.00
Permits
51,415.70 2,561
51,415.70
(permits)
Prospecting & mining
licences
Boundary stones
Survey
Re-entries
2,498
175.25
Resumptions
75
5.99
Surrenders
136
77.59
Reversions (Kai Tak
Airfield)
1,391
89.50
Miscellaneous
TABLE X
(i) Applications for the grant of exemption by the Land Officer from the restrictions contained in Moratorium Proclamation No. 6, Part IV, Article 8- Dealings in Land'.
No. of applications
Period.
sent in.
No. of Lots or Sections of Lots involved.
No. of documents involved.
Assignments.
Reassignments
Miscellaneous
A.
8.1.46 to 31.3.46
31
43
19
16
3
B.
1.4.46 to 31.3.47
675
770
592
161
18
C.
1.4.47 to 31.3.48
341
503
361
94
44
D. 1.4.48 to 31.11.48
292
302
246
45
14
Total:
1,339
1,618
1,218
316
79
(ii) Applications for the grant of exemption by H.E. the Governor under Moratorium Proclamation No. 6, Part III, Article 7 for the purpose of enabling mortgagees to exercise their powers of sale under mortgages.
Period.
No. of applications sent in.
No. of Lots or Sections of Lots involved.
A. 7.11.46 to 31. 3.47
B.
C.
1. 4.47 to 31. 3.48
1. 4.48 to 31.11.48
Total:
2
12
12
265
3
23
23
49
1
19
20
PART II-MARRIAGE REGISTRY.
Marriages.
1. The number of marriages celebrated in the Colony during the year (1.4.48-31.3.49) was 2951 (of which 2479 were between Chinese persons) as compared with 2,864 (and 2626) respectively in 1947-an increase of 87. Particulars are given in Table I infra.
Fees.
2. The total amount of fees received under the second schedule of the Marriage Ordinance 1875, and the Marriage (War Period) (Validity) Ordinance 1948, was $30,377.00 compared with $29,537.00 in 1947-an increase of $840.00. Particulars are shewn in Table II. The increase is mainly accounted for by the greater number of marriages.
3. The number of marriages solemnised and the total amount of fees collected each year during the ten years (1933-1939 and 1946-1948) are shewn in Table III.
TABLE I
(1) Marriages by SPECIAL LICENCE, 3.
(a) At licensed places of
(b) At the Office of the
Public Worship.
3.
Registrar of Marriages.
Nil.
(2) Marriages by REGISTRAR'S CERTIFICATE, 2948.
(a) At licensed places of
Public Worship.
360.
(b) At the Office of the
Registrar of Marriages.
2588.
21
―
TABLE II
Fees received during the period of 1.4.48—31.3.49.
Fees received.
2957 Certificates of Notice
(Registrar's Certificates)
@$ 1.00 $ 2,957.00
244 Certified copies
@ $ 1.00
244.00
27 Licences under Section 9 of
Ordinance No. 7 of 1875
@ $ 30.00
810.00
3 Special Licences
@ $150.00
450.00
2588 Marriages at the office of the
Registrar
@ $ 10.00
25,880.00
16
Searches
(a)
$ 1.00
16.00
4
Searches under Section 9 of
the Marriage (War Period) (Validity) Ordinance 1948
Total
$ 5.00
20.00
$30,377.00
Year
TABLE II|
No. of Marriages.
solemnized
Total amount of fees collected
C.
1933
283
2,440.00
1934
325
3,327.90
1935
368
3,197.00
1936
375
3,168.00
1937
421
3,286.16
1938
544
5,081.00
1939
781
7,439.00
1946
860
9,691.00
1947
2,864
29,537.00
1948
2,951
30,377.00
22
PART III-STAFF.
Mr. E. H. Sainsbury acted as Land Officer and Registrar of Marriages from the beginning of the year under review until the return from leave of the Land Officer who resumed duty on 22nd November 1948.
Mr. G. L. Herdman remained as Deputy Registrar of Marriages throughout the year.
The Land Officer and Registrar of Marriages desires to take this opportunity of recording his high appreciation of the way in which all members of the staff of the Land Office and Marriage Registry have carried out their duties under difficult conditions of abnormally heavy pressure of work.
March, 1950.
W. ANEURIN JONES Land Officer and
Registrar of Marriages.